There
are unlimited types of crimes that are categorized as fraud according
to our nation’s judicial system. From embezzlement to tax evasion, the
list of possibilities, especially when combined, can truly be infinite.
However, there seems to be a top 20 list of the most common fraudulent
crimes committed all across the globe. Continue reading to learn which
crimes top the list, what they entail, and what you can do if you are
facing one.

CREDIT CARD FRAUD –
This may include offenses such as applying for charge cards under
stolen identities, obtaining property by using stolen or fraudulent
credit card, knowingly using a stolen credit card, knowingly using a
forged or fraudulent charge card, knowingly using an expired or revoked
credit card, using someone’s charge card without their permission,
making false statements about the ownership of a credit charge,
tampering or altering a credit card, credit card counterfeiting,
receiving anything as a result of credit card fraud, accepting gifts
knowing they were obtained with a fraudulent credit card, using a lost
charge card, opening a credit card under someone else’s name, opening a
credit card under a false identity, and stealing or using charge card
data for online purchases.

WELFARE FRAUD
– Welfare is a state-organized public relief system that provides paid
benefits for those in need of attaining economic self-sufficiency. An
individual’s eligibility for government financial aid is based upon
several factors, including age, disability, marital status, employment,
income, and more. But anyone who tries to deceive the government about
their need or entitlement to welfare is an act of welfare fraud. Welfare
fraud is generally investigated and prosecuted as theft, and punishable
as a Felony in most states.

Additional Types Include:

Mortgage Fraud

Investment Fraud

Check Fraud

Accounting Fraud

Mail Fraud

Organized Fraud

Securities Fraud

Government Fraud

Healthcare Fraud

Tax Fraud

Identity Fraud

Wire Fraud

Insurance Fraud

Internet Fraud

Workers Comp Fraud

What You Can Do as a Defendant

Fraud crimes can be
charged as either a misdemeanor or felony offense, depending on the
specific circumstances of a person’s case, as well as the state they are
being charged in. If you were recently arrested on facing fraud
charges, you are facing hefty fines, imprisonment, and other severe
penalties.

The best stride you can make toward securing your rights and protecting your freedoms is calling a licensed fraud lawyer for tough and aggressive criminal defense; otherwise, you risk being sentenced to the maximum penalties in your state.

Not
all grand juries are gullible, but most all can be misled to some
degree, especially when these citizens have very little experience or
knowledge of the subject matter, or context. Perhaps, this is what
happens when grand juries call for indictments such a large percentage
of the time when Federal Prosecutors come to them to seek such. Let’s
discuss this a little, shall we?

There was an interesting YouTube
Video by the “Fan Dick Morris Channel” titled: “Blockbuster! New Judge
May Dismiss A Plea Bargain,” which was published on February 21, 2018.
In the show notes it points to an opinion article by Dick Morris posted
online in the Western Sates Journal titled: “Dick Morris: A Conviction
Could Be Thrown Out,” also on February 21, 2018. The article states:

“The
U.S. District Judge ordered prosecution to present any ‘Brady’ material
(exculpatory evidence) in its possession to the court. He particularly
wanted any Brady material that the prosecution had in its possession
during the negotiations that led to a guilty plea. What makes this order
unusual is that it comes after the individual pleaded guilty and, in
the plea agreement, agreed to forgo any further discovery of new
evidence. Now the judge’s order overrides the plea and orders evidence
to be presented anyway.”

How can this happen? How can we trust Federal Prosecutors? Is there really justice in America?

My
view is this, nearly all Federal Prosecutors mislead on sealed
indictment hearings – either in their paperwork or in the case of a
grand jury – to the grand jury, very seldom are they ever taken to task
for this. It’s so easy to lie in notes, or pull a fast one in paperwork,
and all too common. The private sector is just as bad as litigation
attorneys do little creative writing projects to make whomever they are
suing look like the devil re-incarnated in the lawsuit and court
filings.

Still, when it comes to Federal Prosecutors we should
expect, no we should demand more. You see, in the United States, when it
comes to the Federal Government, there is no such thing as justice,
it’s only an illusion of justice. That is sad, and I am sadden to say
it, but I believe it to be the truth from observation and experience,
studies, it’s really too bad. We talk a good game about justice in
America, but we often fail to perform up to our purported standards. The
closer we move towards real justice the better we will be as a country,
society and civilization, and as they say in the media; that’s my
opening.

If
you are arrested, the first thing you must do is clearly state that you
want a lawyer. Do not be ambivalent by saying, “I think I need a
lawyer” or by asking, “Do I need a lawyer”. Be very clear and state, “I
WANT A LAWYER”. Then say nothing else, period.

By law, the police
cannot talk with you any further. Even if the police continue to talk
with you, say nothing until your lawyer appears. If you initiate the
conversation, it can be argued that you waived your right to counsel
despite previously requesting a lawyer to be present.

Once
arrested and charged in a State case, a bail amount and an arraignment
date are usually set. The arraignment, where the accused pleads either
guilty or not guilty, could be days or even weeks away. After pleading
not guilty at the arraignment, the defense is given a deadline to file
pretrial motions, usually 15 days. In serious matters, it is not
uncommon to have several motion hearing dates before trial.

In
either a State or Federal case, it is highly recommended that you use
your resources to hire an experienced criminal defense lawyer rather
than spend your money on bail. It is better to use your resources to get
the best defense available rather than spending your money on bail and
not have enough for a good lawyer.

Of course, if you cannot afford
to hire private counsel, you will be given a court appointed lawyer but
this is not usually the best defense available. It is not that all
public defenders are bad lawyers,, it is more that public defenders do
not have the time or resources to give you the best defense. Private
counsel will almost always provide your best chance for the best
outcome.

Ask pointed questions in deciding which lawyer to hire.
It is recommended that you consider only lawyers who specialize in
handling criminal defense matters. And only lawyers who have handled
your type of case before. If the case is in Federal court, be sure to
hire a lawyer who is experienced in handling Federal criminal cases.
State and Federal court are very different and require an experienced
lawyer who knows the system in order to offer you the best possible
defense.

Be sure one of your questions in choosing a lawyer is
what steps will he take to defend you. Your worst nightmare is to get a
lawyer who looks to hastily negotiate a plead deal for you. Pleading
guilty should be a last resort, not a way for a quick resolution.

A
seasoned, good criminal defense lawyer will thoroughly investigate the
facts, including witnesses both for the state and for the defense. They
will interview the police, carefully analyze reports, statements and
other evidence. To obtain the best possible outcome for you takes a lot
of effort and time. Getting the best possible outcome is no accident, it
is the result of a diligent hard working criminal defense lawyer.

An
Advocate in this sense is an expert in the field of law. Distinctive
nations’ lawful frameworks utilize the term with fairly varying
implications. The wide proportional in numerous English law-based wards
could be an advocate or a specialist. In any case, in Scottish, South
African, Italian, French, Spanish, Portuguese, Scandinavian, Polish,
South Asian and South American locales, advocate shows a legal advisor
of predominant arrangement.

“Backer” is in a few dialects a
honorific for attorneys, for example, “Adv. Sir Alberico Gentili”.
“Promoter” additionally has the regular significance of standing up to
help another person, for example, persistent backing or the help
anticipated from a chose legislator; those faculties are not secured by
this article.

In India, the law identifying with the Advocates is
the Advocates Act, 1961 presented and concocted by Ashok Kumar Sen, the
then law priest of India, which is a law go by the Parliament and is
controlled and implemented by the Bar Council of India. Under the Act,
the Bar Council of India is the preeminent administrative body to manage
the legitimate calling in India and furthermore to guarantee the
consistence of the laws and support of expert gauges by the lawful
calling in the nation.

Each State has its very own Bar Council
whose capacity is to enlist the Advocates willing to hone predominately
inside the regional limits of that State and to play out the elements of
the Bar Council of India inside the domain doled out to them. In this
way, every law degree holder must be selected with a (solitary) State
Bar Council to hone in India. In any case, enlistment with any State Bar
Council does not limit the Advocate from showing up under the watchful
eye of any court in India, despite the fact that it is past the regional
locale of the State Bar Council which he is selected in.

The
favorable position with having the State Bar Councils is that the work
heap of the Bar Council of India can be partitioned into these different
State Bar Councils and furthermore that issues can be managed locally
and in a facilitated way. In any case, for all useful and lawful
purposes, the Bar Council of India holds with it, the last energy to
take choices in any issues identified with the legitimate calling all in
all or as for any Advocate exclusively, as so gave under the Advocates
Act, 1961.

The procedure for being qualified for training in India
is twofold. To start with, the candidate must be a holder of a law
degree from a perceived organization in India (or from one of the four
perceived Universities in the United Kingdom) and second, must pass the
enlistment capabilities of the Bar Council of the state where he/she
looks to be selected. For this reason, the Bar Council of India has an
inward Committee whose capacity is to direct and look at the different
foundations giving law degrees and to concede acknowledgment to these
organizations once they meet the required benchmarks. In this way the
Bar Council of India likewise guarantees the standard of training
required for honing in India are met with. As respects the capability
for enlistment with the State Bar Council, while the real customs may
fluctuate starting with one State then onto the next, yet predominately
they guarantee that the application has not been a bankrupt/criminal and
is for the most part fit to hone under the steady gaze of courts of
India.

What is advocacy?

Advocacy or Promotion in every one
of its structures looks to guarantee that individuals, especially the
individuals who are most powerless in the public eye, can:

• Have their voice heard on issues that are vital to them.

• Defend and defend their rights.

• Have their perspectives and wishes truly considered when choices are being made about their lives.

Promotion is a procedure of supporting and empowering individuals to:

• Express their perspectives and concerns.

• Access data and administrations.

• Defend and advance their rights and duties.

• Explore decisions and choices

A
promoter or Advocate is somebody who gives backing bolster when you
require it. A promoter may enable you to get to data you require or run
with you to gatherings or meetings, in a strong part. You may need your
backer to compose letters for your benefit, or represent you in
circumstances where you don’t feel ready to represent yourself.

Our
backers will invest energy with you to become more acquainted with your
perspectives and wishes and work intently to the Advocacy Code of
Practice.

Support can be useful in a wide range of circumstances where you:

• Find it hard to make your perspectives known.

• Need other individuals hear you out and consider your perspectives.

Independence

Individuals
you know, for example, loved ones or wellbeing or social care staff,
would all be able to be steady and accommodating – yet it might be
troublesome for them on the off chance that you need to accomplish
something they can’t help contradicting.

Wellbeing and social
administrations staff have an ‘obligation of care’ to the general
population they work with. This implies they may feel unfit to help a
man to do anything that they don’t accept is in a man’s best advantages.

Yet,
an Advocate is autonomous and will speak to your desires without
passing judgment on you or giving you their sincere belief. We trust
that you are the master on your life and it is your perspective of what
you wish to happen that our backers will follow up on.

As far as
the Indian lawful calling, a promoter is a subset of a legal advisor,
i.e. all backers are legal advisors however not all attorneys are
advocates.

A legal advisor is, extensively, somebody who has
gotten legitimate training (in different terms, finished no less than a
LLB.). In this manner, a legal advisor might be a promoter, an in-house
guide, legitimate counsel, and so forth.

An advocate is someone
who can practice in a court of law in India. The Advocates Act, 1961 has
created a single category of legal practitioners, i.e. advocates. Only
advocates (and no other category of lawyers) are allowed to practice in
courts and plead on behalf of others, once they obtain the required
license.

Rules on an Advocate’s duty towards the court

1. Act in a dignified manner

Amid
the introduction of his case and furthermore while acting under the
steady gaze of a court, a promoter should act in a honorable way. He
ought to consistently maintain dignity. Be that as it may, at whatever
point there is legitimate ground for genuine objection against a legal
officer, the supporter has a privilege and obligation to present his
grievance to appropriate specialists.

2. Respect the court

A
promoter ought to dependably indicate regard towards the court. A
supporter needs to hold up under at the top of the priority list that
the pride and regard kept up towards legal office is basic for the
survival of a free group.

3. Not communicate in private

A
promoter ought not impart in private to a judge with respect to any
issue pending under the steady gaze of the judge or some other judge. A
backer ought not impact the choice of a court in any issue utilizing
illicit or uncalled for means, for example, compulsion, influence and so
forth.

4. Refuse to act in an illegal manner towards the opposition

A
supporter should decline to act in an unlawful or uncalled for way
towards the restricting advice or the contradicting parties. He should
likewise utilize his earnest attempts to control and keep his customer
from acting in any unlawful, dishonorable way or utilize uncalled for
hones in any mater towards the legal, contradicting counsel or the
restricting gatherings.

5. Refuse to represent clients who insist on unfair means

A
backer might decline to speak to any customer who demands utilizing
uncalled for or shameful means. A promoter should extract his own
judgment in such issues. He should not indiscriminately take after the
directions of the customer. He might be honorable being used of his
dialect in correspondence and amid contentions in court. He should not
outrageously harm the notoriety of the gatherings on false grounds amid
pleadings. He might not utilize unparliamentary dialect amid contentions
in the court.

Rules on an Advocate’s duty towards the client

1. Bound to accept briefs

A
backer will undoubtedly acknowledge any concise in the courts or
councils or before some other expert in or before which he proposes to
rehearse. He should exact charges which is at standard with the expenses
gathered by kindred backers of his remaining at the Bar and the idea of
the case. Uncommon conditions may legitimize his refusal to acknowledge
a specific brief.

2. Not withdraw from service

A supporter
ought not normally pull back from serving a customer once he has
consented to serve them. He can pull back just in the event that he has
an adequate reason and by giving sensible and adequate notice to the
customer. Upon withdrawal, he might discount such piece of the charge
that has not collected to the customer.

3. Not appear in matters where he himself is a witness

A
backer ought not acknowledge a brief or show up for a situation in
which he himself is a witness. In the event that he has motivation to
trust that at the appropriate time of occasions he will be a witness, at
that point he ought not keep on appearing for the customer. He ought to
resign from the case without risking his customer’s advantages.

4. Full and frank disclosure to client

A
supporter should, at the initiation of his engagement and amid the
duration thereof, make all such full and straight to the point
divulgence to his customer identifying with his association with the
gatherings and any enthusiasm for or about the contention as are
probably going to influence his customer’s judgment in either
captivating him or proceeding with the engagement.

Rules on an Advocate’s duty towards the opponents

1. Not to negotiate directly with opposing party

An
advocate shall not in any way communicate or negotiate or call for
settlement upon the subject matter of controversy with any party
represented by an advocate except through the advocate representing the
parties.

2. Carry out legitimate promises made

An advocate
shall do his best to carry out all legitimate promises made to the
opposite party even though not reduced to writing or enforceable under
the rules of the Court.

Right of a lawyer to practice in India

The
expression ‘right to practice’, in context of the legal profession
refers to the exclusive right of persons enrolled as advocates to engage
in practice of law before courts and tribunals. In Re. Lily Isabel
Thomas 1964CriLJ724 the Supreme Court equated “right to practice” with
“entitlement to practice”. This right enjoys protection at two levels:

•
General protection – Article 19(1)(g) of the Constitution of India
protects the right of individuals to practice professions of their
choice. As members of the legal profession, advocates partake in this
right along with members of other trades, occupations and professions.

•
Specific Protection – Section 30 of the Advocates Act, 1961 confers on
persons whose name is enrolled in the registers of State Bar Councils
the right to practice before any court or tribunal in India including
the Supreme Court. This section has been recently made effective through
a notification issued by the Central Government.

Section 29 of
the Advocates Act makes the right of practice an exclusive right and
precludes all persons other than advocates from practicing law.

Duties to the society

• Duty to facilitate legal education, training of young lawyers and research in legal discipline

• Duty to render legal aid to those in need.

At
whatever point a layman faces a legitimate issue, he tries to locate a
dependable and proficient legal counselor who can explain his case and
give him powerful cures on installment of a reasonable charge.

In any case, the confidence of the overall population in proficient backers and legal counselors is very disheartening.

Soli
J. Sorabjee states his perspectives on this point in ‘Attorneys as
Professionals’. He expresses that they are viewed as fortune searchers
as opposed to looking to serve, a childish class, who, because of the
unique information and mastery, give benefits on such terms however they
see fit. What are the purposes behind this said decrease? The
fundamental reason is that legal counselors, as different experts, have
overlooked what is involved in a calling and their legitimate part in
the public eye.

Conclusion

In the light of the above
situation, before considering the new testimonies recorded under the
steady gaze of this Court by the appellants-Advocates, let us summarize
different before requests of this Court with regards to the obligations
of attorney towards the Court and the Society being an individual from
the lawful calling.

The part and status of legal advisors toward
the start of Sovereign and Democratic India is accounted as to a great
degree imperative in choosing that the Nation’s organization was to be
represented by the Rule of Law. They were considered educated people
among the elites of the nation and social activists among the
discouraged. These incorporate the names of universe of legal counselors
like Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Bhulabhai Desai,
C. Rajagopalachari, Dr. Rajendra Prasad and Dr. B.R. Ambedkar, to give
some examples. The part of attorneys in the encircling of the
Constitution needs no extraordinary specify. In a calling with such a
clear history it is remorseful, without a doubt, to witness cases of the
idea of the present kind. Legal advisors are the officers of the Court
in the organization of equity.

Segment I of Chapter-II, Part VI
titled “Measures of Professional Conduct and Etiquette” of the Bar
Council of India Rules indicates the obligations of a promoter towards
the Court which peruses as under:

A supporter should, amid the
introduction of his case and keeping in mind that generally acting under
the watchful eye of a court, maintain poise and sense of pride. He
might not be servile and at whatever point there is legitimate ground
for genuine grumbling against a legal officer, it should be his
privilege and obligation to present his grievance to appropriate
specialists.

A promoter should keep up towards the courts an aware
state of mind, remembering that the poise of the legal office is
fundamental for the survival of a free group.

A supporter should
not impact the choice of a court by any illicit or disgraceful means.
Private interchanges with a judge identifying with a pending case are
prohibited.

Anyone
charged with a crime deserves the best possible outcome. This does not
mean the best outcome his attorney can get him but it means the best
possible outcome for him, the accused. Do not let your attorney talk you
into a plea deal unless and until the attorney has exhausted all other
avenues to get the best possible outcome for you.

After, and only
after, thorough examination of the evidence and interviews with all
witnesses, can a good lawyer determine the best course of action.
Negotiations for a plea bargain should NEVER be the first option.
However, a plea bargain sometimes is the best option and should NEVER be
totally disregarded in lieu of trial or entering a guilty plea.

When
someone is facing criminal prosecution with the possibility of jail
time, he is under a great deal of stress. Much is at stake besides loss
of freedom including significant financial loss, loss of reputation, and
difficulties in future employment among other probable consequences.
Entering into a plea bargain means you, as the accused, are willing to
accept a guilty plea which will have a negative effect on your record.

When
the evidence in the case is strongly against the accused and the
witnesses are likely to appear and testify at trial, it sometimes
benefits the accused to accept a plea bargain as the penalties are
almost always less than what would likely be handed out by the Judge at
sentencing after being found guilty by a jury.

Occasionally, even
an accused completely innocent of the charges, can benefit from a plea
bargain because the consequences seem more favorable. The accused
reasons that it is better to accept probation rather than risk losing at
trial which will result in a jail sentence.

Of course, it is rare
an innocent person pleads guilty so as not to face the potential jail
time from losing at trial, but it does happen.

In short, the
benefit for an accused to enter into a plea bargain agreement is to
lessen his penalty for the alleged offense. Probation is common for
first offenders in a plea bargain whereas that same accused in the same
case would be sentenced to jail if he goes to trial and loses.

Lastly,
it can not be stressed enough that negotiations for a plea agreement
should not be the first option. The attorney should at least examine the
evidence and talk with witnesses, including the arresting police
officers. This will allow the attorney to clearly see possible defenses,
weaknesses in both your case and the government’s case. Then and only
then can he best decide your course of action – trial or plea
negotiations.

Your
criminal history can have a significant impact in that it affects the
ability to get a job, a loan, security check, and many other pertinent
things. Once a person gets arrested and or convicted of a crime, a
criminal history is recorded and usually stays on your record in
perpetuity. A criminal history record is made up of two parts, the first
part is the record of arrests and the second part is the record of
convictions. A conviction record is made when an accused either pleads
guilty or is found guilty by a jury at trial.

The record of arrest
remains even if your case is dismissed. However, a record of arrest and
a record of conviction can be removed from the public record by Order
of Expungement. To gain an Order of Expungement, one must file an
Application for Expungement that consists of several forms and
attachments, including the booking information and court recordings of
the proceedings, called minutes.

As a DUI (Driving Under the
Influence) or DWI (Driving While Intoxicated) is considered a criminal
offense, an arrest and or conviction for DUI/DWI remains on a person’s
record indefinitely unless the record is expunged. The expungement is
not a complete eradication of the arrest/conviction; however, as a
record of a DUI/DWI conviction will remain on the police record and is
not removed, even if an Order of Expungement is obtained. The Order of
Expungement serves to hide the criminal history record from the public
view.

Obtaining an Order of Expungement is not an easy process nor
is it granted easily. It is not unusual for the Order to be signed a
year or more after the initial application filing. The cost of a
Petition for Expungement is expensive, around $600 or more plus
attorneys fees, and can be denied if any agency decides against granting
the expungement.

For the purposes of enhancement, in Louisiana
any subsequent DUI/DWI is enhanced to increase penalties. For example, a
second offense DUI/DWI is still a misdemeanor but it requires mandatory
jail time by law plus the fine is significantly increased. A conviction
of a third offense DUI/DWI is a felony and carries a mandatory jail
time up to 20 years plus a much greater fine.

Arraignment
is a very short court proceeding wherein the accused is read the formal
charges against him and then is asked to enter a plea. The three plea
options are Guilty, Not Guilty and Not Guilty, Not Guilty By Reason of
Insanity. The arraignment hearing will generally last no more than a few
minutes. At arraignment no argument are heard, no witnesses and no
evidence are presented to the court.

If the accused pleads Guilty,
the judge will likely question the accused to be sure the accused is
fully aware of the consequences of his plea and most times,
representative counsel is also questioned to ensure the accused has been
advised of his options. Obviously, a Guilty plea is not very common;
although, it occurs occasionally.

The most common plea is for the
accused to declare Not Guilty. The court will then advise the accused
and his representative counsel the time period allowed to file pretrial
motions. In Louisiana, the accused is allowed 15 days to file the
motions. Once the clerk of court receives the motions, they are
forwarded to the parties listed for service on the bottom of the
documents. This is almost always the District Attorney’s Office and
sometimes other parties, depending on the motion.

The Judge
receives the motion and he will then sign the order which sets a date
for the contradictory hearing. In most cases all motions filed at the
same time are set for the same date and time for arguments.

Argument
is a loose term and is used because the hearings are adversarial, but
no screaming back and forth actually occurs. Argument means the parties
present their side and offer legislative law or case law to support
their position.

The mover (party filing the motion) in most every
instance bears the responsibility of presenting his issue and should
cite authority to support his argument. The authority can be a law
enacted by the legislature – generally called a Statute – or a case
precedent – that is a case with the same issue that was ruled on by a
higher court such as a Court of Appeal and or the Supreme Court.

The
opposing party follows with an argument of his own that supports his
position and is backed up a Statute and or Case law. Naturally, the
higher the court the more persuasive the authority is and if the ruling
is from a higher court from the same jurisdiction the case law becomes
more authoritative than case law from an outside jurisdiction.

The
cost of criminal expungement in Indiana differs. It all depends on the
severity of the conviction, the number of convictions, the location of
the convictions, the age of the convictions, and court costs.
Fortunately, there are law firms that do not charge a fee for your first
consultation. This means you have nothing to lose and only knowledge to
gain regarding your eligibility for criminal expungement, if you find
the right law firm. Continue reading to learn what you need to know
about criminal record expungement, including the average cost, the
importance of finding a flat rate fee, and more.

What Can Be Sealed From Your Record

Misdemeanors,
class D felonies, arrest records, and more can all potentially be
eliminated from a person’s criminal history. However, every case is
different. The cost of a comprehensive criminal record expungement
depends on the severity of the conviction, the number of convictions,
the location of the convictions, the age of the convictions and court
cost. For instance, a single drunk driving conviction is relatively
inexpensive to expunge; by contrast, several more serious convictions in
numerous counties require considerably more skill and time to
successfully remove from your record.

Always Hire an Attorney for Help With Your Petition

This
is why it is important to consult a criminal defense attorney who
specializes in criminal record expungement legal services. They can
accurately determine whether or not you qualify for expungement.
Furthermore, the process of expungement is quite complex and confusing. A
licensed attorney can push your paperwork through for you so that there
is no possibility for clerical error or missed deadlines. If you were
to file incorrectly, even just misspelling your address, can have your
petition denied forever. In fact, one of the rules to expunging a
criminal record is that a person can only file ONCE IN A LIFETIME. A
licensed criminal defense attorney can help you with every aspect of
filing, paperwork, deadlines, and more, and ensure your petition is
managed correctly.

Choose a Law Firm That Offers a Flat Fee

After
consulting with you, in person or by telephone, a qualified legal team
may be able to customize a flat fee structure and even a payment plan
that suits your budget and financial needs. Keep in mind that there are
several criminal defense law firms to choose from, and many do not offer
flat rate fees for help with the record expungement petition process.
Be sure to do your research and find a law firm that can offer you these
amenities and more.

The
cost of criminal expungement in Indiana differs. It all depends on the
severity of the conviction, the number of convictions, the location of
the convictions, the age of the convictions, and court costs.
Fortunately, there are law firms that do not charge a fee for your first
consultation. This means you have nothing to lose and only knowledge to
gain regarding your eligibility for criminal expungement, if you find
the right law firm. Continue reading to learn what you need to know
about criminal record expungement, including the average cost, the
importance of finding a flat rate fee, and more.

What Can Be Sealed From Your Record

Misdemeanors,
class D felonies, arrest records, and more can all potentially be
eliminated from a person’s criminal history. However, every case is
different. The cost of a comprehensive criminal record expungement
depends on the severity of the conviction, the number of convictions,
the location of the convictions, the age of the convictions and court
cost. For instance, a single drunk driving conviction is relatively
inexpensive to expunge; by contrast, several more serious convictions in
numerous counties require considerably more skill and time to
successfully remove from your record.

Always Hire an Attorney for Help With Your Petition

This
is why it is important to consult a criminal defense attorney who
specializes in criminal record expungement legal services. They can
accurately determine whether or not you qualify for expungement.
Furthermore, the process of expungement is quite complex and confusing. A
licensed attorney can push your paperwork through for you so that there
is no possibility for clerical error or missed deadlines. If you were
to file incorrectly, even just misspelling your address, can have your
petition denied forever. In fact, one of the rules to expunging a
criminal record is that a person can only file ONCE IN A LIFETIME. A
licensed criminal defense attorney can help you with every aspect of
filing, paperwork, deadlines, and more, and ensure your petition is
managed correctly.

Choose a Law Firm That Offers a Flat Fee

After
consulting with you, in person or by telephone, a qualified legal team
may be able to customize a flat fee structure and even a payment plan
that suits your budget and financial needs. Keep in mind that there are
several criminal defense law firms to choose from, and many do not offer
flat rate fees for help with the record expungement petition process.
Be sure to do your research and find a law firm that can offer you these
amenities and more.

Within
the criminal justice system, there is a judicial act that is referred
to as “clemency.” There are three primary forms of clemency: 1) a
reprieve, 2) a commutation of sentence, or 3) a pardon. Continue reading
to learn what clemency means for a convict, and how each type of
clemency works.

Clemency is another term for mercy, leniency, or forgiveness.
In the criminal justice system, it applies to convicted individuals who
are serving jail or prison time. It is an act that can only be
conducted by an executive member of government; under state law it would
be the governor, and under federal law it would be the President of the
United States.

Clemency extends leniency to convicted inmate by
offering opportunities for reduced imprisonment. As mentioned in the
introduction, there are three forms of judicial leniency, which include
reprieves, commutations of sentences, and pardons.

Reprieves

A
reprieve is offered to certain qualifying inmates to suspend the
execution of their sentence in order to give them more time to have
their sentence reduced. You see this form of clemency most often in
capital cases, where an inmate is facing the death penalty. By granting a
reprieve, the inmate has more time to appeal the capital punishment
sentence.

Commutation of Sentence

A
commutation of sentence is a form of clemency that reduces a defendant’s
sentence to a lesser penalty or jail term. Most often, this is applied
toward defendant’s whose sentence is imprisonment. Although this form of
clemency reduces or suspends a defendant’s jail time, it does not annul
the actual conviction.

Pardons

It is
common to hear of pardons in the movies and on television, but in real
life, pardons are incredibly rare and much more formal. In a basic
sense, a pardon forgives a convicted individual of their crimes and
penalties. Pardons can only be granted by a head of state or top
government official. They are generally only awarded when a convicted
individual has paid their “debt to society”, or is somehow worthy of
being forgiven for the crime. Pardons do not void the conviction; they
simply let the individual off the hook after they have done their time
and paid the price of committing the crime.

Qualifications for Clemency

Clemency
is often reserved for humanitarian purposes. For example, if an inmate
is incredibly old or in need of extensive medical care, they may be
granted clemency for their crimes. In other examples, clemency may be
granted to those whose sentences were excessive, or whose guilt was
surrounded by doubt. Of course, there are times when clemency is granted
as a favor to an executive’s political friends or associates.

Clemency Petitions

Inmates
must request clemency via application or petition. Before these
petitions are reviewed by a head of government, most states require the
applications to be filed through a reviewing agency, such as the State
Board of Pardon and Parole. Talk to your trusted criminal defense lawyer
for help understanding your rights to sentence leniency.